What Is The Purpose Of Executive Agreements

80 Hathaway combines multiple sources, resulting in a total of 3,119 agreements over the 1980-2000 period. See Hathaway, supra note 1, at 1258-60. In contrast, the data set used here contains 6,148 agreements over the same period. The results of international agreements can be compared in a number of dimensions. One possible measure is the degree to which an agreement is respected. However, the comparison of agreements based on compliance rates has several drawbacks in this context. Compliance is not only difficult to define, but also notoriously difficult to measure and verify in most contexts. Footnote 62 Although it was possible to measure compliance accurately, the question of how to compare compliance levels between different agreements in different disciplines would remain open. Footnote 63 Motivated by the theoretical work previously discussed, this article instead compares congressional contracts and executive agreements, based on the strength of commitment associated with it, measured as sustainability. Since each observation in the data set is a contractual year, the analysis takes into account differences in the shelf life of different types of agreements, while maintaining consistent characteristics. Differences in shelf life are estimated from the survival time analysis. These methods are also called event history studies. Footnote 88 Before proceeding, it is useful to define a few keywords.

Survival time analysis is mainly used in medical sciences using the most common terminology in clinical trials. A “subject” is an observation unit, here an agreement. An “event,” “death” or “failure” are synonymous with the appearance of the incident of interest, here the expiration of an agreement. “Survival” is the period between the beginning of observation and the occurrence of the incident, here the period during which an agreement is in effect. Agreements in force during the last observation period are considered “legislated,” i.e. with a survival period that has an unknown floor and ceiling, because the final duration of the agreement cannot be respected. Finally, footnote 89, a “risk rate” refers to the probability of an event occurring. The fact that the guide contains a list of contracts indexed in TIF in the year prior to the year prior to publication, but which are no longer indexed thereafter, is a priority of this analysis.

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